Appeal on writ of error from the Circuit Court of Cook County,
Criminal Division; the Hon. HERBERT R. FRIEDLUND, Judge,
MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.
Defendant pro se appeals from a judgment of conviction of rape after a jury trial and from a sentence of four to six years in the penitentiary.
On April 29, 1966, defendant instructed the Public Defender, who had been appointed by the trial court to represent him on appeal, to withdraw and requested our court to appoint other counsel. Thereafter we appointed other counsel and on August 14, 1966, defendant requested that this counsel withdraw. On August 24, 1966, we allowed his second attorney to withdraw and granted defendant pro se additional time to file briefs and an abstract. On May 10, 1967, we granted defendant leave to file his briefs and excused the filing of an abstract.
Defendant's capable briefs raise the following points on appeal:
1. His attorney's incompetent conduct of the trial amounted to denial of his right to counsel and a deprivation of due process;
2. The court's coaching of the prosecutrix at the preliminary hearing and at the trial deprived defendant of due process;
3. There was no evidence of force or resistance;
4. The evidence was not sufficient to establish guilt beyond a reasonable doubt.
The evidence showed that on November 1, 1964, defendant left his work at three o'clock in the morning and arrived at 4249 West 21st Street at 3:30 a.m. Prosecutrix and her husband, Sylvester Davis, resided in the second floor rear apartment. Mr. Davis' sister, Annie Brown, lived with her husband in the second floor front apartment. Mr. Davis' parents lived in the first floor apartment and another sister, Mrs. Ella Davis, as well as some unidentified relatives lived in the two apartments on the third floor. Mr. Davis operated a twenty-four hour livery service in the basement in which defendant had previously been employed.
Prosecutrix's sisters-in-law, Mrs. Ella Davis and Mrs. Annie Brown, both testified that as they arrived home from a party at three forty-five in the morning, *fn1 they met defendant on the second floor of the building; that they asked him what he was doing there and he replied that he had come to visit them; that they both stated that it was strange that he should choose such an hour to pay them his first visit.
The prosecutrix testified that she was first awakened between three and four that morning by someone knocking at her back door; that she went into the dining room and, without opening the door, called out to find out who it was and what they wanted; that she was told it was W.Q. and that he wanted to see her husband and that she told him to look in the livery service; that one-half hour later she found defendant standing over her bed and that he told her: "If you don't shut your mouth, I'll kill you!" Her testimony continued:
"I asked him what was he doing in my bedroom, and by that time he had put his hand over my mouth and was jumping in the bed with me and had me down like this and pried my legs open and put his penis into ...